Spradley & Riesmeyer
A Professional Corporation
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Spradley & Riesmeyer A Professional Corporation
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Practice Areas:
§ Mr. O’Flaherty provides business and litigation counsel to local, regional, national and international clients. His expertise is highly regarded in the communication tower, telecommunications and construction and real estate industries. Mr. O’Flaherty also serves as personal lead counsel to notable clients in the entertainment field. This focus is complimented by extensive lead trial experience, both regionally and nationally, in the fields of products liability, contractual relations, broadcasting, insurance coverage and directors and officers liability.
Admitted to Practice: § Missouri § Kansas § United States District Court § Western District, Missouri § District of Kansas § 8th Circuit Court of Appeals § 10th Circuit Court of Appeals § Specially Admitted to practice in other jurisdictions throughout the United States
Professional Associations: § Kansas City Metropolitan Bar Association § American Bar Association § Missouri Bar Association § Kansas Bar Association § National Association of Broadcasters § Broadcast Cable Financial Management Association
Education: § University of Missouri Columbia School of Law, J.D., 1987 § Creighton University, B.A., 1984
Representative Cases:
Summary of Complex Litigation Handled by Vincent F. O’Flaherty
1) Marconi Communications, Inc. v. LeBlanc & Royle Enterprises, et al. Defense of $15 million breach of contract action involving engineering claims surrounding construction of 13 communication towers in Sri Lanka for U.S. government. Served as lead trial counsel for contractor defendants in three week jury trial in Fairfax County Virginia. Represented international tower construction family of companies consisting of LeBlanc & Royle Telcom (Canadian Sub), LeBlanc & Royle Enterprises (Canadian Parent), LeBlanc Communications (US sub). Defense verdict entered in favor of Canadian parent company. Plaintiff’s verdict rendered against U.S. sub with no assets. Successfully defended defense verdict against parent company before Virginia Supreme Court.
2) LeBlanc, Inc, Bankruptcy Served as lead counsel for Canadian parent company during bankruptcy proceedings for U.S. subsidiary following Marconi verdict. Selected local counsel in Sioux City, Iowa for original Chapter 11 filing which was later converted to Chapter 7 liquidation. Oversaw all bankruptcy filings and coordinated attorney involvement.
3) Forker v. LeBlanc, Ltd., et al. Defense of $30 million breach of fiduciary claim brought by LeBlanc, Inc. bankruptcy trustee against Canadian parent company and former directors of debtor. Negotiated eventual settlement including insurance company, largest unsecured creditors and others.
4) Federal Broadcasting v. L & R Communications, Ltd. Trial counsel to LeBlanc companies following collapse of 2000 ft. broadcast tower in Kirksville, Missouri. Three workers were killed. Defended numerous suits filed in U.S. District Court for Eastern District of Missouri at St. Louis and Adair County, Missouri. Federal case tried for one week and settled.
5) Jackson Mississippi Tower Collapse Lead investigation and defense counsel for LeBlanc companies following collapse of 2000 ft. broadcast tower in Jackson, Mississippi in October, 1997. Three workers were killed. Hired all causation experts and served as personal counsel to LeBlanc companies in OSHA and Canadian Department of Labor investigations, negotiations with insurance carriers on business interruption and property replacement, and representation in numerous litigation filed in Mississippi state and federal courts.
6) Mantio North Carolina Tower Accident Representation of LeBlanc companies in litigation following helicopter collision with cellular tower.
7) JC Nichols ESOP Litigation (Trustees of J.C. Nichols ESOT) (Walter James, Anthony Sweeney, William Bell, William Cody Representation of former trustees of J.C. Nichols ESOP in $30 million breach of fiduciary duty claim filed in United States District Court for District of Western Missouri at Kansas City.
8) Wayne Newton v. Shenandoah South, et al. Representation of owners of Branson, Missouri theater in $50 million breach of contract and slander lawsuit brought by entertainer Wayne Newton. Case tried for one week in the United States District Court for District of Western Missouri at Springfield and then settled.
9) Tony Orlando v. Wayne Newton Representation of entertainer Tony Orlando in breach of partnership and fraud suit against entertainer Wayne Newton and theater owners. Suit filed in the United States District Court for District of Western Missouri at Springfield.
10) Christopher Head v. LeBlanc, Inc. Personal counsel to LeBlanc companies involving wrongful death case from tower accident pending in Houston, Harris County, Texas. Case eventually settled by insurance company.
11) Irving Evans v. Shepherd of the Hills Defense of $200,000 breach of contract action involving sale of condominium project in Branson, MO. Lead counsel to defendant\buyer in three day jury trial in Taney County, Missouri. Defense verdict.
12) Burney/Snadon v. Bank of America Injunction/declaratory judgment proceeding involving priority of liens on motel in Branson, Missouri. Tried to court in Taney County, Missouri. Represented subordinated lenders Burney/Snadon and successfully defeated Bank of America’s attempt to foreclose and successfully readjusted liens. Appeal to Southern District of Missouri who modified trial court order.
13) Liberty Mutual v. FAG Bearings Representation as local counsel of insurance carrier in pollution exclusion coverage litigation surrounding ball bearings plant in Joplin, Missouri. U.S. District for Western District of Missouri (Ortrie Smith) entered summary judgment in insurance carrier’s favor and case now before 8th Circuit.
14) ERC v. Mid-Continent Casualty Representation of MCCC in $1,000,000 reinsurance dispute in District of Kansas.
15) Grand Ramada v. Alliance Architects Lead defense counsel in $8 million architectural negligence action. Successfully obtained summary judgment which was affirmed by Missouri – Southern District Court of Appeals.
16) Woodlands Property Owners Ass’n v. Shepherd of the Hills Lead defense counsel in $300,000 breach of fiduciary duty action brought by condominium owners association against owner and former directors. Summary judgment obtained in favor of defendants.
17) Wagner v. Butler Lead plaintiff counsel to local construction contractor in breach of franchise action brought against international construction firm Butler. Case settled for confidential amount.
18) Chandler v. Canada Development Investment Corporation Lead defense counsel to Canada Development Investment Corporation in multi-million dollar wrongful death and personal injury product liability action involving radiation equipment. Case pending in St. Louis County Circuit Court.
19) Morehead, Kentucky Tower Collapse Lead counsel to tower contractor in collapse of 1300’ broadcast tower in Morehead, Kentucky. Hired engineering experts to defend subrogation action by general contractor’s insurance carrier and to pursue products liability claims against tower designer and manufacturer for tower defects. Case pending in United States District Court in Lexington, Kentucky.
20) Hemingford, Nebraska Tower Collapse Lead counsel for tower property insurer following collapse of 2000’ broadcast tower in Hemingford, Nebraska. Participated in insurance company’s investigation into cause of collapse. Lead trial counsel in multimillion dollar coverage litigation in United States District Court of Nebraska.
21) qServe Communications Bankruptcy Lead trial counsel for Chapter 7 Trustee in multimillion dollar breach of fiduciary action brought against former directors and officers, major shareholders and founders of tower erection, maintenance and service company qServe Communications, Inc. Case pending in United States Bankruptcy Court, Western District of Missouri.
22) Campbell v. Bank of America Lead trial counsel for commercial real estate broker in suit over commissions due. Case tried before arbitrator in Charlotte, North Carolina resulting in award and recovery of over $600,000 for client. |
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